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A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Fortney
A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Fortney
Susan S. Fortney
This article takes a different approach in considering the problem of prenatal drug abuse. After briefly discussing government intervention and constitutional issues, this article will consider the concept of duty and correlative rights. This discussion of duty and correlative rights suggests that the government can take measures to curb prenatal drug use without recognizing fetal rights. The article concludes with a discussion of the utility of criminal legislation as compared to public health legislation that treats drug addiction as a disease requiring treatment. As formulated, the proposal for public health legislation is not based on any concept of fetal rights. …
A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Saab Fortney
A Jurisprudential Analysis Of Government Intervention And Prenatal Drug Abuse, Susan Saab Fortney
Susan S. Fortney
This article addresses the serious public health problem of substance abuse among pregnant women. Part I of this article introduces the national problem of prenatal drug abuse. Part II discuses the appropriateness of government intervention. The article explains the medical consequences of prenatal drug abuse, and then, describes the justification of government intervention. The article details both existing criminal law and new legislation regarding prenatal drug abuse. Part III addresses constitutional concerns and the conflict between a woman’s right on the one hand and the state interest and “fetal rights” on the other. Part IV considers the moral and legal …